McCrudden v. United States Of America et al

Filing 33

MEMORANDUM AND ORDER that this Court's 8/30/2016 Memorandum and Order 32 is vacated; plaintiff's request for additional time in which to serve defendant Anderson is granted; plaintiff shall serve defendant Anderson w ith the summons and complaint within forty-five (45) days of the date this Order is entered; defendant United States shall file an answer to the remaining claim against it in the complaint on or before 9/23/2016. Signed by Judge Robert B. Kugler on 8/31/2016. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
VINCENT McCRUDDEN,
:
:
Plaintiff,
:
Civ. No. 14-3532 (RBK) (AMD)
:
v.
:
:
UNITED STATES OF AMERICA, et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff was formerly a federal prisoner and is proceeding with complaint pursuing civil
rights claims and claims under the Federal Tort Claims Act. On March 31, 2016, this Court noted
that plaintiff’s Federal Tort Claims Act claim against the United States would proceed as to
plaintiff’s assault and battery allegations. Additionally, plaintiff’s Bivens claims against
defendants Zickefoose and Anderson were dismissed without prejudice. With respect to
Zickefoose, this Court noted that it did not appear that she was ever properly served and that
plaintiff had failed to state a claim upon which relief could be granted against her as a defendant.
With respect to Anderson, while this Court noted that while plaintiff had pled facts amounting to
personal involvement of him, plaintiff had failed to properly serve Anderson. This Court then
gave plaintiff thirty days in which to file an amended complaint.
On April 28, 2016, plaintiff sought an additional thirty days in which to file an amended
complaint. (See Dkt. No. 28) This Court granted that request on May 2, 2016. (See Dkt. No. 29)
On June 1, 2016, this Court received a letter from plaintiff. (See Dkt. No. 30) In that letter,
plaintiff states that he is no longer seeking to amend his complaint. However, he seeks an
additional forty-five days in which to serve Anderson so that he can proceed with his Bivens
claims against him that were previously dismissed without prejudice for failure to serve. On

August 24, 2016, this Court received another letter from plaintiff that notes that he is trying
through the help of a private investigator to serve Anderson. Based on these representations, this
Court will grant plaintiff’s request and give him an additional forty-five days in which to serve
Anderson. In light of this extension of time that plaintiff is being given to serve Anderson, this
Court will vacate in part the March 31, 2016 Opinion and Order only as it relates to the dismissal
of the complaint against Anderson for failure to serve.1
An additional procedural point requires this Court’s attention as well. Plaintiff’s Federal
Tort Claims Act claim arising from the assault and battery against the United States remains
pending. To date, the United States has not answered the complaint against it. The United States
shall file an answer to this remaining claim against it on or before September 23, 2016.
Therefore, IT IS this 31st day of August, 2016,
ORDERED that this Court’s August 30, 2016 Memorandum and Order (Dkt. No. 32) is
vacated in its entirety; and it is further
ORDERED that this Court’s March 31, 2016 Opinion and Order (Dkt. Nos. 26 & 27) is
vacated in part and only with respect to this Court’s prior dismissal of the Bivens claims against
defendant Anderson for failure to serve; and it is further
ORDERED that plaintiff’s request for additional time in which to serve defendant
Anderson is granted; plaintiff shall serve defendant Anderson with the summons and complaint
within forty-five (45) days of the date this Order is entered; and it is further
ORDERED that defendant United States shall file an answer to the remaining claim
against it in the complaint on or before September 23, 2016; and it is further

Additionally, this Court’s August 30, 2016 Memorandum and Order (Dkt. No. 32) that
analyzed the issues presented in this Memorandum and Order was docketed in error and will be
vacated in its entirety.
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2

ORDERED that the Court shall serve this Order on plaintiff by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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